HomeMy WebLinkAboutResolutions - 2021-12 - Interlocal Agreement with the East Wenatchee Water District for utility work and pavement overlay project on Clements Circle and 4th St NE - 7/20/2021City of East Wenatchee Resolution 2021-12 with Exhibit A. Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 1 of 2
City of East Wenatchee, Washington Resolution No. 2021-12 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute an Interlocal Agreement Between the City of East Wenatchee and the East Wenatchee Water District for Utility Work and Pavement Overlay Projects on Clements Circle and 4th St NE, East Wenatchee, WA
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY).
2. Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS:
3. Authorization. The City Council authorizes the Mayor to execute an Interlocal Agreement that conforms to the language set forth in Exhibit A.
4. Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution.
5. Publication. The City Council directs the City Clerk to publish a copy of the Interlocal Agreement on the City’s website once it is signed by all parties.
Interlocal Cooperation Agreement City of East Wenatchee and East Wenatchee Water District for Utility Work and
Pavement Overlay Project
Page 1 of 4
Filed for and Return to:
Maria Holman, City Clerk
City of East Wenatchee
271 9th Street NE
East Wenatchee, WA 98802
The information contained in this boxed section is for recording purposes only pursuant to RCW 36.18 and RCW
65.04, and is not to be relied upon for any other purpose, and shall not affect the intent of any warranty contained in
the document itself.
Document Title: Interlocal Cooperation Agreement Between the City of East Wenatchee and
the East Wenatchee Water District for Utility Work and Pavement Overlay
Projects on Clements Circle and 4th St NE
Grantor(s): City of East Wenatchee and East Wenatchee Water District
Grantee(s): City of East Wenatchee and East Wenatchee Water District
Reference Number(s) of Document Related, Assigned or Released: Not applicable
Abbreviated Legal Description Not applicable
Complete or Additional Legal Description on page of Document – Not applicable
Assessor’s Parcel Number: Not applicable
Filed with the Auditor pursuant to RCW 39.34.040
Interlocal Cooperation Agreement Between the City of East Wenatchee and the
East Wenatchee Water District for Utility Work and Pavement Overlay Projects on
Clements Circle and 4th St NE
This Interlocal Cooperation Agreement ("Agreement") is hereby entered into by and
between City of East Wenatchee ("City") and the East Wenatchee Water District
("District") sometimes collectively referred to as the "Parties”.
WHEREAS, the City is engaged in road improvement projects involving overlaying
the following streets: Clements Circle and 4th St NE, East Wenatchee, Douglas
County, Washington ("Project"); and,
WHEREAS, the District desires to replace a portion of the water main within the
Project and relocate meter boxes before final paving is installed; and,
WHEREAS, the City and the District desire to cooperate in the replacement of
utilities prior to and during the construction of the Project;
NOW, THEREFORE, in consideration of the foregoing, the City and the District
agree as follows:
1. Purpose. The purpose of this Agreement is to provide for the replacement of the
water main and meter relocations within the Project limit before the road
improvement overlay occurs.
2. Scope of Work. The scope of work associated with the City’s Project is set out in
Exhibits A and B, which are attached hereto and incorporated herein by this
reference. The general location of the Project is illustrated in Exhibit A. A cost
estimate containing a preliminary list of bid items associated with replacing the
water main and meter relocations is set forth in Exhibit B as Schedule A. The
cost of the street overlay Project is set forth in Exhibit B and is noted as
Schedule B.
3. City's Obligations. The City shall:
Interlocal Cooperation Agreement City of East Wenatchee and East Wenatchee Water District for Utility Work and
Pavement Overlay Project
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3.1. Provide the District with the conceptual engineering design on plan and
profile sheets provided by the City's consultant; and any special provisions
for the overlay Project.
3.2. Assume all liability associated with City-provided information for the design
and specifications for the overlay Project being included within the Project
limit as described in Exhibits A and B.
3.3. As provided for in paragraph 8 of this Agreement, reimburse the District for
all costs associated with the development of the overlay Project.
3.4. Be responsible for its engineers coordinating with the District and its
consultant on all aspects of design and contract document preparation.
4. District's Obligations. The District shall:
4.1. Incorporate the engineering design and specifications of the City's roadway
construction plans for the Project in the water main replacement project, as
described in Exhibits A and B.
4.2. Administer the construction contract, including:
4.2.1. Scheduling the construction work;
4.2.2. Disbursement of payments to the roadway contractor; and
4.2.3. Administration of change orders.
4.3. Provide field engineering, including survey control and construction staking.
4.4. Provide all construction inspection, including contractor supervision and
field laboratory services.
4.5. Be responsible for the administration, management and budget for this
Project.
5. Reservation of Right to Inspect. The District agrees that the City reserves the
right to inspect and approve all work done on the Project prior to the City being
obligated to pay the District its costs for such work.
6. Change Orders. No change orders for the City’s portion of the Project shall be
approved by the District without prior written authorization from the City.
7. Duration and Termination. This Agreement shall become effective upon the
signing of the Agreement by both Parties and recording with the Douglas County
Auditor. This Agreement will terminate upon the completion of the Project, and
the final payment for the street overlay portion of the Project is received by the
District from the City.
8. Cost. The costs associated with City’s Project is set out in the lowest responsible
bid for the items listed as Schedule B on Exhibit B, including a pro rata amount
of the engineering and mobilization costs ("Total Cost"). The City shall
reimburse the District an amount equal to the Total Cost, subject to the terms of
this Agreement, as adjusted for change orders as set forth herein. The estimated
Interlocal Cooperation Agreement City of East Wenatchee and East Wenatchee Water District for Utility Work and
Pavement Overlay Project
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Total Cost is $182,675 plus an additional estimated cost for engineering of
$21,000. The City shall make periodic progress payments to the District. Each
progress payment, subject to the terms of this Agreement, and the final payment
are due within 30 days of the date the payment request is mailed by the District
to the City. The City must receive the payment requests by the 10th day of each
month in order to meet the 30-day requirement.
9. Records. The District shall keep and maintain accurate and complete cost
records pertaining to the Project and this Agreement. The City shall have full
access and the right to examine any such records during the term of this
Agreement. All records, books, documents and other materials maintained,
prepared, or issued by the District in the implementation of this Agreement
shall be the property of the District, which shall have the responsibility of the
retention and release of those materials.
10. Indemnity. The District shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or
liability, or any portion thereof, arising from injury or death to persons or
damage to property occasioned by any negligent act, omission or failure of the
District, its officers, agents, and employees, in connection with the work
described in this agreement, or arising out of the District's non-observance or
non-performance of any law, ordinance, or regulation applicable to the domestic
water line portion of the Project.
11. Severability. In the event that any provision of this Agreement shall be
determined to be unenforceable or otherwise invalid for any reason, such
provision shall be enforced and validated to the extent permitted by law. All
other provisions of this Agreement are severable, and the unenforceability or
invalidity of any single provision hereof shall not affect the remaining
provisions.
12. Disputes. If a dispute arises under this Agreement, authorized representatives
of each party shall meet and negotiate in good faith to attempt to resolve the
dispute. A dispute arising out of this Agreement that is not resolved by good-
faith negotiation shall be resolved by private arbitration. As part of the
arbitration award, the substantially prevailing party shall be entitled, in
addition to other relief, to such reasonable attorneys' fees and costs as
determined by the arbitrator.
13. Construction. This Agreement contains the entire agreement between the
Parties with respect to the subject matter hereof and supersedes all prior
agreements or understandings among the Parties with respect thereto. This
Agreement may be amended only by an agreement in writing signed by the
Parties.
14. Mutual Negotiation and Construction. This Agreement and each of the terms
and provisions hereof are deemed to have been explicitly negotiated between,
and; mutually drafted by, the Parties, and the language in all parts of this
Interlocal Cooperation Agreement City of East Wenatchee and East Wenatchee Water District for Utility Work and
Pavement Overlay Project
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Agreement shall, in all cases, be construed according to its fair meaning and not
strictly for or against either Party.
15. Governing Law; Venue. This Agreement is governed by the laws of the state of
Washington, without regard to its conflict of law provisions.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the
________ day of ____________, 2021.
CITY OF EAST WENATCHEE,
WASHINGTON
By
Jerrilea Crawford, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
EAST WENATCHEE WATER
DISTRICT
Chair
Commissioner
Commissioner
N Baker AveSunset HwyEastmont AveSR 283rd St NE
5th St NE
8th St NE
Grant Rd
19th St NE
4th St SE
10th St NE
15th St NE
9th S t N E
Highline Dr N Kentucky Ave3rd St SE
S Kentucky AveSR 285
.City of East Wenatchee 2021Residential Overlay Program Legend
Roads
City Limits
Paving Limits
0 0.5 10.25 Miles
This map is intended for general purposes only. The City of East Wenatchee makes no representation as to the accuracy or current condition of the data shown on this mapMap Created 5/19/2021
Exhibit B